SI 2007/367 Page 2007 No. 367 TRIBUNALS AND INQUIRIES, ENGLAND AND WALES The Compulsory Purchase (Inquiries Procedure) Rules 2007 Thomson Reuters (Legal) Limited. UK Statutory Instruments Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office. Made 5th December 2007 Laid before Parliament 8th January 2008 Coming into force 29th January 2008 The Lord Chancellor makes the following Rules in exercise of the powers conferred on him by section 9 of the Tribunals and Inquiries Act 992 and after consultation with the Council on Tribunals: For the definition of Minister for the purposes of section 9, seesection 6 () of the Tribunals and Inquiries Act 992, which is amended by the Government of Wales Act 2006section 60(), and Schedule 0, paragraph 38, to include the Welsh Ministers. Preamble: England, Wales The text of this provision varies depending on jurisdiction or other application. See parallel texts relating to: England Wales England. Citation, commencement and application () These Rules may be cited as the Compulsory Purchase (Inquiries Procedure) Rules 2007 and shall come into force on 29 th January 2008.
SI 2007/367 Page 2 (2) Subject to rule 22(3) these Rules apply where (a) a confirming authority causes a public local inquiry to be held pursuant to subsection (3)(a) of section 3A of the Acquisition of Land Act 98 2 (compulsory purchase by local or other authority remaining objections); or (b) an appropriate authority 3 causes a public local inquiry to be held pursuant to sub-paragraph (3)(a) of paragraph 4A of Schedule to that Act (compulsory purchase by Minister remaining objections) 4. 2 3 4 For the definition of confirming authority seesection 7() of the Acquisition of Land Act 98 (c.67). Section 3A was substituted, with section 3, by section 00() and (6) of the Planning and Compulsory Purchase Act 2004 (c.5). A Minister is a confirming authority for the purposes of section 3A. Some, but not all, of the functions of the Secretary of State in authorising compulsory purchase of land in Wales were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 999 (S.I. 999/672) and to the Welsh Ministers by paragraphs 30 and 32 of Schedule to the Government of Wales Act 2006 (c.32). The Minister is the appropriate authority for the purposes of paragraph 4A of Schedule to the Acquisition of Land Act 98seeparagraph 4(8) of Schedule to the Acquisition of Land Act 98 as inserted by section 0(4) of the Planning and Compulsory Purchase Act 2004. Powers exercisable under section 4A of the Acquisition of Land 98 in so far as they are exercisable in relation to Wales are now vested in the Welsh Ministers. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 999 (S.I. 999/672) and to the Welsh Ministers by paragraphs 30 and 32 of Schedule to the Government of Wales Act 2006. Paragraph 4A of Schedule to the Act was inserted by section 0() and (4) of the Planning and Compulsory Purchase Act 2004 (c.5). Wales [. Citation, commencement and application () These Rules may be cited as the Compulsory Purchase (Inquiries Procedure) Rules 2007 and shall come into force on 29 th January 2008. (2) [...] ] Revoked by Compulsory Purchase (Inquiries Procedure) (Wales) Rules 200/305 rule 24(2) (January 3, 20) rule ()-(2)(b): January 29, 2008 rule ()-(2)(b): England, Wales
SI 2007/367 Page 3 2. Interpretation [ () In these Rules the Act means the Acquisition of Land Act 98; assessor means a person appointed by the authorising authority to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the authorising authority may specify; authorising authority means the confirming authority where subsection (3) (a) of section 3A of the Act applies or the appropriate authority where sub-paragraph (3) (a) of paragraph 4A of Schedule to the Act applies; "business day" means any day other than a Saturday, Sunday, Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 97; document includes a photograph, map or plan; "electronic communication" has the meaning given in section 5() of the Electronic Communications Act 2000 2 ; inquiry means a public local inquiry in relation to which these Rules apply; inspector means a person appointed by the authorising authority to hold an inquiry or a re-opened inquiry; land means the land to which an order relates or, where a right over land is proposed to be acquired by an order, the land over which the right would be exercised; ministerial order means an order prepared in draft in accordance with Schedule to the Act; non-ministerial order means an order made and submitted for confirmation in accordance with Part 2 of the Act; order means a compulsory purchase order as defined in section 7 of the Act; outline statement, means a written statement of the principal submissions which a person proposes to put forward at an inquiry; pre-inquiry meeting means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously; and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting; relevant date means the date of the authorising authority's notice under paragraph (2) or (3) of rule 3; remaining objector means a person who has a remaining objection within the meaning of section 3A or, as the case may be, paragraph 4A () of Schedule 3 ; statement of case means a written statement comprising (a) full particulars of the case which a person proposes to put forward at the inquiry (including where that person is the acquiring authority 4 the reasons for making the order); and (b) copies of, or relevant extracts from, any documents referred to in such statements and a list of any documents to which that person intends to refer or which he intends to put in evidence. (2) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being carried out electronically
SI 2007/367 Page 4 (a) the expression "address" includes any number or address used for the purposes of such communications; (b) references to statements, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form. (3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person ("the recipient"). (4) The requirement is to be taken to be fulfilled where the document transmitted by means of the electronic communication is (a) capable of being accessed by the recipient, (b) legible in all material respects, and (c) sufficiently permanent to be used for subsequent reference. (5) In paragraph (4), "legible in all material respects" means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form. (6) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and "written" is to be construed accordingly. (7) Where the electronic communication is received by the recipient outside the recipient's business hours, it is taken to have been received on the next business day. ] 2 3 4 Existing rule 2 renumbered as rule 2(), definitions inserted and rule 2(2)-(7) added by Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 208/248 Pt 3 rule 9 (April 6, 208: substitution has effect as specified in SI 208/248 rule 2()) Section 5() was amended by section 406() of, and paragraph 58 of Schedule 7 to, the Communications Act 2003 (c. 2). For the definition of remaining objection, seesection 3A () of, or as the case may be, paragraph 4A () of Schedule to the Acquisition of Land Act 98 (c.67), as inserted by sections 00(6) and 0(4) of the Planning and Compulsory Purchase Act 2004 (c.5). For the definition of acquiring authority seesection 7() of the Acquisition of Land Act 98. rule 2 definition of "the Act"- definition of "statement of case" (b): January 29, 2008 rule 2()-() definition of "statement of case" (b), (2)-(3), (4)-(5), (6), (7): (extent not available) rule 2 definition of "the Act", definition of "assessor"- definition of "authorising authority", definition of "document", definition of "inquiry", definition of "inspector"- definition of "statement of case" (b): England, Wales [ 2A. Application of the Rules where a person is appointed under section 4D of the Act () Where a person is appointed under section 4D of the Act 2, these Rules have effect subject to the modifications in the Schedule.
SI 2007/367 Page 5 (2) Where a person's appointment under section 4D of the Act is revoked, these Rules have effect without the modifications in the Schedule and any step taken or thing done before the revocation, which could be taken or done under the Rules (without the modifications), is to have effect as if it had been taken or done under these Rules (without the modifications). ] 2 Rules 208/248 Pt 2 rule 5 (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Section 4D of the Acquisition of Land Act 98 (c. 67) was inserted by section 8(2) of the Housing and Planning Act 206 (c. 22). rule 2A()-(2): England, Wales 3. Preliminary action to be taken by the authorising authority () The authorising authority shall give written notice of its intention to cause an inquiry to be held in accordance with paragraph (2) or (3). (2) In the case of an inquiry which relates to a ministerial order, notice shall be given (a) to each remaining objector; (b) by a date which is not later than 5 weeks after the expiry of the time within which objections to the draft order may be made. (3) In the case of an inquiry which relates to a non-ministerial order, notice shall be given (a) to the acquiring authority and to each remaining objector; (b) by a date which is not later than 5 weeks after whichever is the later of (i) the expiry of the time within which objections to the order may be made; or (ii) the submission of the order to the authorising authority for confirmation. (4) At the same time as notice is given under paragraph (), the authorising authority shall also give written notice to the acquiring authority (where that authority is not the authorising authority) of the substance of each objection made by a remaining objector, and, so far as practicable, the substance of any other objections. rule 3()-(4): January 29, 2008 rule 3()-(4): England, Wales
SI 2007/367 Page 6 4. Pre-inquiry meetings If it appears to the authorising authority to be desirable, the authorising authority may cause a pre-inquiry meeting to be held and, where it does so (a) the authorising authority shall give notice of its intention to hold a pre-inquiry meeting with the notice required under rule 3(2) or (3); (b) the pre-inquiry meeting (or, where there is to be more than one, the first pre-inquiry meeting) shall be held not later than 6 weeks after the relevant date; and (c) the procedures prescribed by rule 5 shall apply. rule 4(a)-(c): January 29, 2008 rule 4(a)-(c): England, Wales 5. Pre-inquiry meetings: notices, outline statements, etc () The authorising authority shall cause to be published not later than 3 weeks after the relevant date, in one or more local newspapers circulating in the locality in which the land is situated, a notice of its intention to cause a pre-inquiry meeting to be held. (2) The acquiring authority shall, not later than 8 weeks after the relevant date, send its outline statement to each remaining objector and, in the case of a non-ministerial order, to the authorising authority. (3) The authorising authority may by notice in writing require (a) any remaining objector, and (b) any other person who has notified it of his intention or wish to appear at the inquiry, to send, within 8 weeks of the date of such notice, an outline statement to the authorising authority and to any other person specified in the notice including, in the case of a non-ministerial order, the acquiring authority. (4) The authorising authority shall give not less than 3 weeks' written notice of the meeting to (a) each remaining objector, and (b) any other person whose presence at the meeting seems to it to be desirable, and (c) in the case of a non-ministerial order, the acquiring authority. (5) The authorising authority shall also give notice of the date, time and place of the pre-inquiry meeting by taking either or both of the following steps (a) fixing a notice (i) to a conspicuous object or place on or near the land; or where the land extends for more than 5 kilometres, at intervals of not more than 5 kilometres; and (ii) in at least one place in the locality in which the land is situated where public notices are usually posted;
SI 2007/367 Page 7 (b) publishing a notice in one or more newspapers circulating in the locality in which the land is situated. rule 5()-(5)(b): January 29, 2008 rule 5()-(5)(b): England, Wales 6. Powers of inspector in respect of pre-inquiry meetings () An inspector shall preside at a pre-inquiry meeting held under rule 4. (2) Where a pre-inquiry meeting has been held under rule 4, the inspector may hold another meeting and shall arrange for such notice to be given of that other meeting as appears to him to be necessary. (3) Where no pre-inquiry meeting is held under rule 4, the inspector may hold a pre-inquiry meeting if he thinks it desirable, and shall arrange for not less than 3 weeks' written notice of the meeting to be given to (a) the authorising authority; (b) in the case of a non-ministerial order, the acquiring authority; (c) each remaining objector; (d) any other person known at the date of the notice to be entitled to appear at the inquiry; and (e) any other person whose presence at the meeting appears to him to be desirable. (4) At a pre-inquiry meeting held under rule 4 or this rule, the inspector shall determine the matters to be discussed and the procedure to be followed, and in particular he may (a) require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave; and (b) refuse to permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry; or (c) permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry only on such conditions as he may specify. rule 6()-(4)(c): January 29, 2008 rule 6()-(4)(c): England, Wales
SI 2007/367 Page 8 7. Statements of case, etc () The acquiring authority shall send a statement of case to each remaining objector and, in the case of a non-ministerial order, to the authorising authority (a) where a pre-inquiry meeting is held pursuant to rule 4 or rule 6(3), not later than 4 weeks after the conclusion of that meeting; (b) in any other case, not later than 6 weeks after the relevant date. (2) Unless every document, or the relevant part of every document, which the acquiring authority intends to refer to or put in evidence at the inquiry has been copied to each remaining objector, the acquiring authority shall send to each remaining objector a notice naming each place where a copy of those documents may be inspected free of charge at all reasonable hours until the date of commencement of the inquiry; and each place so named shall be as close as reasonably possible to the land. (3) The authorising authority may by notice in writing require (a) any remaining objector; and (b) any other person who has notified the authority of an intention to appear at the inquiry, to send a statement of case to the authorising authority and to any other person specified in the notice (including, in the case of a non-ministerial order, the acquiring authority) within 6 weeks from the date of the notice. (4) The authorising authority shall supply a copy of the acquiring authority's statement of case to any person who is not a remaining objector but has been required to send a statement of case under paragraph (3). (5) The authorising authority or an inspector may require any person who has sent a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as the authorising authority or inspector may specify. (6) The acquiring authority shall afford to any person who so requests a reasonable opportunity to inspect, and where practicable take copies of any statement or document which has been sent to it in accordance with any of the preceding paragraphs of this rule; and shall specify in the statement sent in accordance with paragraph () the time and place at which the opportunity will be afforded. rule 7()-(6): January 29, 2008 rule 7()-(6): England, Wales 8. Inquiry timetable () Where a pre-inquiry meeting is held pursuant to rule 4 or 6 the inspector shall, and in any other case may, subject to the provisions of rule 0()(b) arrange a timetable for the proceedings at, or
SI 2007/367 Page 9 at part of, an inquiry and may at any time vary the timetable; any changes to the timetable shall be notified to every person entitled to appear at the inquiry. (2) The inspector may specify in a timetable arranged or varied pursuant to this rule the date by which any statement of evidence and summary required by rule 5() is to be sent to him. (3) Where a timetable under paragraph () has been arranged, the inspector shall no later than 4 weeks before the start of the inquiry send to every person entitled to appear at the inquiry a copy of the timetable for the proceedings. rule 8()-(3): January 29, 2008 rule 8()-(3): England, Wales 9. Notice of appointment of assessor Where the authorising authority appoints an assessor, it shall give written notice to (a) every remaining objector; (b) any other person who has sent an outline statement under rule 5 or a statement of case under rule 7; and (c) in the case of a non-ministerial order, the acquiring authority, of the name of the assessor and of the matters on which he is to advise the inspector. rule 9(a)-(c): January 29, 2008 rule 9(a)-(c): England, Wales 0. Date of inquiry () The date fixed by the authorising authority for the holding of an inquiry shall be (a) in a case where there is no pre-inquiry meeting, not later than 22 weeks after the relevant date; (b) in a case where a pre-inquiry meeting (or where there is more than one, the final pre-inquiry meeting) is held pursuant to rule 4 or 6, not later than 8 weeks after the conclusion of that meeting; or (c) where the authorising authority is satisfied that in all the circumstances of the case it is impracticable to hold the inquiry within the period mentioned in sub-paragraph (a) or (b) (as the case may be), the earliest practicable date after the end of that period.
SI 2007/367 Page 0 (2) Unless the authorising authority agrees a lesser period of notice with the acquiring authority (where it is not that authority) and with each remaining objector, the authorising authority shall give not less than 6 weeks' written notice of the date, time and place fixed by it for the holding of an inquiry to (a) every remaining objector; and (b) every person who has sent an outline statement under rule 5 or a statement of case under rule 7. (3) The authorising authority may vary the date fixed for the holding of an inquiry (whether or not the date as varied complies with the requirements of paragraph ()), and paragraph (2) shall apply in relation to the varied date as it applied in relation to the date originally fixed. (4) The authorising authority may also vary the time or place for the holding of an inquiry and shall give such notice of the variation as appears to it to be reasonable. (5) Where it is satisfied that it is reasonable to do so and having regard to the nature of the order or the draft order, the authorising authority may direct that the inquiry shall be held partly in one place and partly in another place. rule 0()-(5): January 29, 2008 rule 0()-(5): England, Wales. Public notice of inquiry () In relation to a ministerial order the acquiring authority shall, not later than 2 weeks before the date fixed for the holding of the inquiry (a) display a notice of the inquiry (i) by attaching it to the land or to a conspicuous object or place on or near the land; and, where the land extends for more than 5 kilometres, at intervals of not more than 5 kilometres; and (ii) in at least one place in the locality in which the land is situated where public notices are usually posted; and (b) publish notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated. (2) In relation to a non-ministerial order, the acquiring authority shall, not later than 2 weeks before the date fixed for the holding of the inquiry (a) unless the authorising authority directs otherwise, comply with the requirements of paragraph ()(a); and (b) if the authorising authority so directs, comply with the requirements of paragraph () (b). (3) A notice displayed or published pursuant to paragraphs () or (2) shall contain a clear statement indicating the date, time and place of the inquiry, and of the powers under which the order has been
SI 2007/367 Page made, together with a description of the land sufficient to identify its approximate location without reference to the map referred to in the order. rule ()-(3): January 29, 2008 rule ()-(3): England, Wales 2. Representation of Minister at inquiry () In relation to a ministerial order the acquiring authority (a) may be represented at the inquiry by counsel or solicitor or by an officer of its department or other person authorised by the acquiring authority to represent it; and (b) shall make a representative available at the inquiry to give evidence in elucidation of the statement of case, and such representative shall be subject to cross-examination to the same extent as any other witness. (2) Nothing in paragraph () (b) shall require a representative of the acquiring authority to answer any question which in the opinion of the inspector is directed to the merits of government policy. rule 2()-(2): January 29, 2008 rule 2()-(2): England, Wales 3. Representation of government departments at inquiry () Where a government department (other than the department of a Minister who is the acquiring authority) has made a statement or representation in writing in support of the order or the draft order and the acquiring authority has included that statement in its statement of case, a representative of the department concerned shall be made available to attend the inquiry. (2) Such a representative shall at the inquiry state the reasons for the view expressed by his department and shall give evidence and be subject to cross-examination to the same extent as any other witness. (3) Nothing in paragraph (2) shall require a representative of a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
SI 2007/367 Page 2 rule 3()-(3): January 29, 2008 rule 3()-(3): England, Wales 4. Appearances at inquiry () Every remaining objector and any other person who has sent an outline statement under rule 5 or a statement of case under rule 7 shall be entitled to appear at the inquiry. (2) In relation to a non-ministerial order, the acquiring authority shall also be entitled to appear at the inquiry. (3) The inspector may permit any other person to appear at the inquiry, and such permission shall not be unreasonably withheld. (4) Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person. (5) An inspector may allow one or more persons to appear on behalf of some or all of any persons having a similar interest in the matter under inquiry. rule 4()-(5): January 29, 2008 rule 4()-(5): England, Wales 5. Evidence at inquiry () A person entitled to appear at an inquiry to give, or to call another person to give, evidence at the inquiry by reading a statement of that evidence shall send to the inspector and (in the case of non-ministerial orders) to the acquiring authority, a copy of that statement and, subject to paragraph (2), a written summary of it together with any relevant supporting documents. (2) No written summary shall be required where the statement mentioned in paragraph () contains not more than,500 words. (3) The statement and the summary (if any) shall be sent to the inspector and to the acquiring authority not later than (a) 3 weeks before the date fixed for the commencement of the inquiry, or
SI 2007/367 Page 3 (b) where, pursuant to rule 0, a timetable has been arranged which specifies a date by which the statement of evidence and summary shall be sent to the inspector, that date. (4) Unless paragraph (2) applies, only the summary shall be read at the inquiry unless the inspector permits or requires otherwise. (5) The acquiring authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable and on payment of a reasonable charge, take copies of any document sent to or by it in accordance with this rule. (6) Where the acquiring authority sends a copy of a statement of evidence or a summary to the inspector in accordance with paragraphs () and (2), it shall at the same time send a copy to every remaining objector and any other person who has sent an outline statement under rule 5 or a statement of case under rule 7. rule 5()-(6): January 29, 2008 rule 5()-(6): England, Wales 6. Procedure at inquiry () Except as otherwise provided in these Rules, the inspector shall determine the procedure at the inquiry. (2) Unless in any particular case the inspector, with the consent of the acquiring authority, otherwise determines, the acquiring authority shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine. (3) A person entitled to appear at the inquiry by virtue of rule 4() or (2) shall be entitled to call evidence, and the acquiring authority and the remaining objectors shall be entitled to cross-examine persons giving evidence, but, subject to paragraphs (2), (4), (5) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector's discretion. (4) The inspector may refuse to permit (a) the giving or production of evidence; (b) the cross-examination of persons giving evidence; or (c) the presentation of any other matter, which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him in writing any evidence or other matters before the close of the inquiry. (5) Where a person gives evidence at an inquiry by reading a summary of his statement of evidence, the statement shall, unless he notifies the inspector that he wishes to rely on the contents of that summary only, be treated as tendered in evidence; and the person whose evidence the statement contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
SI 2007/367 Page 4 (6) The inspector may direct the acquiring authority to provide facilities so that any person appearing at the inquiry may be afforded a reasonable opportunity to inspect, and where practicable and on payment of a reasonable charge, take copies of, any documents open to public inspection. (7) The inspector may require any person appearing or present at the inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him in writing any evidence or other matters before the close of the inquiry. (8) The inspector may allow any person to alter or add to a statement of case sent under rule 7 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every remaining objector and any other person who has sent an outline statement under rule 5 or a statement of case under rule 7 an adequate opportunity of considering any new matter of fact or document introduced by the acquiring authority. (9) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it. (0) The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry, provided that he discloses it at the inquiry. () The inspector may from time to time adjourn the inquiry and, if the date, time and place of the resumed inquiry are announced at the inquiry before the adjournment, no further notice shall be required. rule 6()-(): January 29, 2008 rule 6()-(): England, Wales 7. Site inspections () The inspector may make an unaccompanied inspection of the land before or during the inquiry without giving notice of his intention to the persons entitled to appear at the inquiry. (2) The inspector may, during the inquiry or after its close, inspect the land in the company of a representative of the acquiring authority and any remaining objector; and he shall make such an inspection if so requested by either the acquiring authority or by any remaining objector before or during the inquiry. (3) Where the inspector intends to make an inspection of the kind described in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it. (4) The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
SI 2007/367 Page 5 rule 7()-(4): January 29, 2008 rule 7()-(4): England, Wales 8. Procedure after inquiry [ (A) Within 0 business days beginning with the day after the day on which the inquiry closes, the authorising authority must inform the persons listed in rule 9() in writing of the expected date of its decision. ] () After the close of the inquiry, the inspector shall make a report in writing to the authorising authority which shall include his conclusions and recommendations, or (as the case may be) his reasons for not making any recommendations. (2) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise. (3) Where the assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report whether and to what extent he agrees or disagrees with the assessor's report and, where he disagrees with the assessor, his reasons for that disagreement. (4) If, after the close of the inquiry, the authorising authority (a) differs from the inspector on any matter of fact mentioned in, or appearing to it to be material to, a conclusion reached by the inspector, or (b) takes into consideration any new evidence or new matter of fact, other than a matter of government policy, and is for that reason disposed to disagree with a recommendation made by the inspector, the authorising authority shall not come to a decision which is at variance with that recommendation without first notifying the persons who appeared at the inquiry of its disagreement and the reasons for it. (5) The authorising authority shall give every person notified under paragraph (4) an opportunity (a) of making written representations to it within 3 weeks of the date of the notification, or (b) if it has taken into consideration any new evidence or new matter of fact, other than a matter of government policy, of asking within that period for the re-opening of the inquiry. (6) The authorising authority may, as it thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to the order as it may specify, and shall do so if asked by the acquiring authority (in relation to a non-ministerial order) or by a remaining objector in the circumstances and within the period mentioned in paragraph (5); and where an inquiry is re-opened (whether by the same or a different inspector) (a) the authorising authority shall send to those persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters; and
SI 2007/367 Page 6 (b) paragraphs (2) to (5) of rule 0 shall apply as if (i) references to an inquiry were references to a re-opened inquiry; and (ii) in paragraph (2) of rule 0, for 6 weeks, there were substituted 4 weeks. Rules 208/248 Pt 2 rule 6 (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) rule 8()-(6)(b)(ii): January 29, 2008 rule 8(A): (extent not available) rule 8()-(6)(b)(ii): England, Wales 9. Notice of decision () The authorising authority shall give notice of its decision and the reasons for it in writing to (a) in the case of a non-ministerial order, the acquiring authority; (b) each remaining objector; (c) any person entitled to appear at the inquiry who did appear at it; and (d) any other person who, having appeared at the inquiry, asked to be notified of the decision. (2) Where a copy of the inspector's report is not sent with the notice of the decision, the notice shall be accompanied by a copy of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the authorising authority within 4 weeks of the date of the decision. (3) In this rule report includes any assessor's report appended to the inspector's report but does not include any other documents so appended; but any person who has received a copy of the report may apply in writing to the authorising authority within 6 weeks of the publication of the notice of confirmation of the order pursuant to section 5 of the Act, or making of the order pursuant to paragraph 6 of Schedule to the Act, as the case may be, for an opportunity to inspect such documents and the authorising authority shall afford him that opportunity. rule 9()-(3): January 29, 2008 rule 9()-(3): England, Wales
SI 2007/367 Page 7 [ 9A. Procedure following quashing of decision () Where a decision notified under rule 9() is quashed, in full or in part, in proceedings before any court, the authorising authority (a) must send to any person who was entitled to appear at the inquiry a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the order by the authorising authority; (b) must afford to those persons the opportunity of making written representations to the authorising authority in respect of those matters or of asking for the re-opening of the inquiry; and (c) may, as it thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and, if it does so, paragraphs (2) to (5) of rule 0 apply as if references to an inquiry were references to a re-opened inquiry. (2) Those persons making representations or asking for the inquiry to be re-opened under paragraph ()(b) must ensure that such representations or requests are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph ()(a). ] Rules 208/248 Pt 2 rule 7 (April 6, 208: insertion has effect only to a decision notified under SI 2007/367 rule 9() which is quashed, in full or in part, in proceedings before any court on or after April 6, 208) rule 9A()-(2): England, Wales 20. Allowing further time The authorising authority may at any time in any particular case allow further time for the taking of any step which is to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is to be taken shall be construed accordingly. rule 20: January 29, 2008 rule 20: England, Wales
SI 2007/367 Page 8 [ 2. Sending of notices Notices or documents required or authorised to be sent under any of the provisions of these Rules may be sent (a) by post; or (b) by using electronic communications to send the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose. ] Substituted by Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 208/248 Pt 3 rule 0 (April 6, 208: substitution has effect as specified in SI 208/248 rule 2()) rule 2: January 29, 2008 rule 2(a)-(b): (extent not available) [ 2A. Withdrawal of consent to use of electronic communications Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Rules, is capable of being carried out using such communications, the person must give notice in writing (a) withdrawing any address notified to the authorising authority or the inspector for that purpose, or (b) revoking any agreement entered into with the authorising authority or the inspector for that purpose, and such withdrawal or revocation is final and takes effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given. ] Rules 208/248 Pt 3 rule (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) rule 2A(a)-(b): England, Wales
SI 2007/367 Page 9 22. Revocation and savings () Subject to paragraphs (2) and (3), the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 990 ( the 990 Rules ) and the Compulsory Purchase by Ministers (Inquiries Procedure) Rules 994 ( the 994 Rules ) are revoked. (2) Where on the date on which these Rules come into force the Secretary of State, in accordance with rule 4(a) of the 990 Rules, or the Minister, in accordance with rule 4 of the 994 Rules, has given written notice of his intention to hold an inquiry, the 990 Rules, or, as the case may be, the 994 Rules shall continue to apply in relation to any inquiry which is caused to be held in England or Wales pursuant to that notice. (3) [ ] Revoked by Compulsory Purchase (Inquiries Procedure) (Wales) Rules 200/305 rule 24(2) (January 3, 20) rule 22()-(3): January 29, 2008 rule 22()-(3): England, Wales On the authority of the Lord Chancellor Bridget Prentice Parliamentary Under Secretary of State Ministry of Justice 5th December 2007 [ SCHEDULE Modifications where a person is appointed under section 4D of the Act ] Rule 2A Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2())
SI 2007/367 Page 20 [. Modification of rule 2 Rule 2() (interpretation) has effect as if, for the definition of "inspector", there were substituted ] ""inspector" means a person appointed by a confirming authority under section 4D of the Act to act instead of it in relation to the confirmation of a non-ministerial order;". Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. : (extent not available) [ 2. Modification of rule 4 Rule 4 (pre-inquiry meetings) has effect as if there were substituted ] "4. Pre-inquiry meetings () If it appears to the inspector to be desirable, he may hold a pre-inquiry meeting, and where he does so, he must arrange for not less than 3 weeks' written notice of the meeting to be given to (a) the acquiring authority; (b) each remaining objector; (c) any other person known at the date of the notice to be entitled to appear at the inquiry; and (d) any other person whose presence at the meeting appears to him to be desirable. (2) The inspector is to determine the matters to be discussed and the procedure to be followed at a pre-inquiry meeting, and in particular he may require any person at the meeting who, in his opinion, is behaving in a disruptive manner to leave. (3) Where the inspector requires a person to leave under paragraph (2), he may refuse to permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry, or permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry only on such conditions as he may specify.". Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2())
SI 2007/367 Page 2 Sch. para. 2: (extent not available) [ 3. Disapplication of rules 5 and 6 Rules 5 and 6 (pre-inquiry meetings) have effect as if they were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 3: (extent not available) [ 4. Modification of rule 7 Rule 7()(a) (statements of case) has effect as if the words "or rule 6(3)" were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 4: (extent not available) [ 5. Modification of rule 8 Rule 8() (inquiry timetable) has effect as if the words "or 6" were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 5: (extent not available)
SI 2007/367 Page 22 [ 6. Modification of rule 9 Rule 9(b) (notice of appointment of assessor) has effect as if the words "an outline statement under rule 5 or" were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 6: (extent not available) [ 7. Modification of rule 0 Rule 0 (date of inquiry) has effect as if (a) in paragraph ()(b), the words "or 6" were omitted; (b) in paragraph (2)(b), the words "an outline statement under rule 5 or" were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 7(a)-(b): England, Wales [ 8. Modification of rules 4(), 5(6) and 6(8) Rules 4(), 5(6) and 6(8) have effect as if the words "an outline statement under rule 5 or" were omitted. ] Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 8: (extent not available)
SI 2007/367 Page 23 [ 9. Modification of rule 8 Rule 8 (procedure after inquiry) has effect as if there were substituted "8. Procedure after inquiry () Within 0 business days beginning with the day after the day on which the inquiry closes, the inspector must inform the relevant parties in writing of the expected date of his decision. (2) For the purposes of paragraph (), the relevant parties are (a) the acquiring authority; (b) each remaining objector; (c) any person entitled to appear at the inquiry who did appear at it; and (d) any other person who, having appeared at the inquiry, asked to be notified of the decision. (3) After the close of the inquiry, the inspector must make a report in writing which he must incorporate into the notice of his decision under rule 9(). (4) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise. (5) Where the assessor makes a report in accordance with paragraph (4), the inspector must state in his decision that such a report was made. (6) If, after the close of an inquiry, the inspector proposes to take into consideration any new evidence or any new matter of fact, other than a matter of government policy, which was not raised at the inquiry and which he considers to be material to his decision, he must not come to a decision without first notifying the persons who appeared at the inquiry of the matter in question. (7) The inspector must give every person notified under paragraph (6) an opportunity of making written representations to him, or of asking for the re-opening of the inquiry. (8) Any representations or request to re-open the inquiry under paragraph (7) must be sent to the authorising authority within 3 weeks of the date of the inspector's notification under paragraph (6). (9) The inspector may as, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to the order as he may specify, and must do so if asked by the acquiring authority or by a remaining objector under paragraph (7) and within the period mentioned in paragraph (8). (0) Where an inquiry is re-opened (a) the inspector must send to those persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters referred to in paragraph (9); and (b) paragraphs (2) to (5) of rule 0 apply as if (i) references to an inquiry were references to a re-opened inquiry; and
SI 2007/367 Page 24 ] (ii) in paragraph (2) of rule 0, for "6 weeks", there were substituted "4 weeks".". Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 9: (extent not available) [ 0. Modification of rule 9 Rule 9 (notice of decision) has effect as if there were substituted ] "9. Notice of decision () The inspector must give notice of his decision and the reasons for it in writing to (a) the acquiring authority; (b) each remaining objector; (c) any person entitled to appear at the inquiry who did appear at it; and (d) any other person who, having appeared at the inquiry, asked to be notified of the decision. (2) Any person entitled to be notified of the inspector's decision under paragraph () may apply, within 4 weeks beginning with the date of the decision, to the authorising authority in writing for an opportunity to see any documents listed in the notice of the inspector's decision or any report made by an assessor, and the authorising authority must afford the person that opportunity.". Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. 0: (extent not available) [. Modification of rule 9A and application of new rule 9B Rule 9A (procedure following quashing of decision) has effect as if there were substituted
SI 2007/367 Page 25 "9A. Procedure following quashing of decision () Where a decision notified under rule 9() is quashed, in full or in part, in proceedings before any court, the authorising authority (a) must send to any person who was entitled to appear at the inquiry a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the order by an inspector (who may or may not be the inspector who made the decision originally notified under rule 9()); (b) must afford to those persons the opportunity of making written representations to the inspector in respect of those matters or of asking for the re-opening of the inquiry. (2) Those persons making representations or asking for the inquiry to be re-opened under paragraph ()(b) must ensure that such representations or requests are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph ()(a). (3) The inspector may, as he thinks fit, cause the inquiry to be re-opened and, if he does so, paragraphs (2) to (5) of rule 0 apply as if references to an inquiry were references to a re-opened inquiry. ] 9B. Inspector may act in place of the authorising authority An inspector may in place of the authorising authority take such steps as the authorising authority is required or enabled to take under rules 7(3) and (4) and 20.". Rules 208/248 Sch. para. (April 6, 208: insertion has effect as specified in SI 208/248 rule 2()) Sch. para. : (extent not available) EXPLANATORY NOTE (This note is not part of the Rules) These Rules prescribe the procedure to be followed in connection with public local inquiries relating to the authorisation of compulsory purchase orders. They replace the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 990 and the Compulsory
SI 2007/367 Page 26 Purchase by Ministers (Inquiries Procedure) Rules 994. They relate to orders where a Minister is either the confirming authority in the case of a non-ministerial order or, in the case of inquiries relating to a compulsory purchase order made in draft by a UK government Minister, the appropriate authority. In addition to the replacement of the term statutory objector by remaining objector, in consequence of amendments made to the Acquisition of Land Act 98 by the Planning and Compulsory Purchase Act 2004, there are a number of minor procedural changes. The deadline for serving notice of intention to hold an inquiry has been extended to five weeks from the end of the objection period. This allows for the consent stage in the written representations procedure which objectors may use as an alternative to the inquiry procedure as part of the decision process. The requirement that statements of case for non-ministerial order inquiries should be sent at least 28 days before the date fixed for the inquiry has been removed. Some terms have been modernised. The Rules now refer to the authorising authority which is the confirming authority in the case of a non-ministerial Order or the appropriate authority in the case of a Ministerial Order. Rule 3 provides for written notice from the authorising authority of its intention to cause an inquiry to be held which commences the procedure. Pre-inquiry meetings are dealt with in rules 4 to 6. Rule 7 deals with statements of case and rules 8 to 4 with the inquiry timetable, appointment of assessor, the date and public notification of the inquiry and appearances at the inquiry including the representation of a Minister or government department at inquiry. The handling of evidence at inquiry is dealt with in rule 5 and rules 6 to 9 deals with procedure at the inquiry, site inspections and post-inquiry procedures (including notice of decisions). Rules 20 to 22 deal with the power to extend time, sending of notices by post and revocation (with a saving provision) of the 990 and 994 Rules referred to above. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.